National Partnership for Women & Families

In the News

Ky. gov. sues clinic over licensing standards

Kentucky Gov. Matt Bevin's (R) administration on Wednesday filed a lawsuit against an abortion clinic in Lexington, alleging that the facility has not met all of the state's licensing requirements, the Lexington Herald-Leader reports.

According to the Herald-Leader, the lawsuit marks the second time that Bevin's administration has targeted a clinic in the state by claiming that they have not fulfilled certain licensing standards (Brammer, Lexington Herald-Leader, 3/3).

Background

Earlier this year, Bevin's administration ordered Planned Parenthood of Indiana and Kentucky (PPINK) to stop offering abortion care at its Louisville clinic.

In a January letter to the organization, acting state Inspector General Stephanie Hold alleged that PPINK's new facility did not comply with state licensing standards. Hold said the state's Cabinet for Health and Family Services (CHFS) found that the clinic's license application does not include a written agreement with an ambulance service and a hospital, as required by the state. According to the letter, the lack of such agreements prevents the state Office of Inspector General (OIG) "from continuing [its] review of [the] application at this time." The letter orders PPINK to "cease and desist" providing abortion care.

However, PPINK stated that it had applied for a license and "commenced services under the guidance of [OIG], the cabinet office that is responsible for licensing health facilities." PPINK also released records showing it received authorization from former Gov. Steve Beshear's (D) administration to provide the procedure (Women's Health Policy Report, 2/1).

Latest development

In the most recent lawsuit, Steve Pitt, Bevin's general counsel, and Jennifer Wolsing, an attorney for CHFS, claim that EMW Women's Clinic in Lexington does not currently meet all licensing requirements.

Under state law, abortion clinics are required to have transfer agreements with an ambulance service and a hospital. The lawsuit claims that the clinic has an agreement in place with a hospital but does not have one with an ambulance service.

The lawsuit states that the facility operates as an abortion clinic, which allegedly makes it ineligible under state law for a licensure exemption given to private physician offices. The suit also claims that the clinic maintained expired medication and was unsanitary.

According to the Herald-Leader, the state has requested an injunction to shut down the clinic until it is fully licensed. The state also requested that a judge impose the maximum fines allowed under the law, although the lawsuit did not specify a monetary amount (Lexington Herald-Leader, 3/3).

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Datapoints

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At a Glance

"A woman's ability to end her pregnancy too often depends on where she lives, her age and how much money is in her pocket."

— Marcela Howell of In Our Own Voice: National Black Women's Reproductive Justice Agenda, discussing ongoing disparities in women's access to abortion care on the 43rd anniversary of Roe v. Wade.